Legal notice & purchase
The purpose of these general conditions of sale (hereinafter the “GTC”) is to define the rights and obligations of the parties and are concluded on the one hand by the company MARC GAUTHIER operating the brand PINET MONTRIVEL, and whose registered office is located at 19 Rue de Prague 25120 Maiche (hereinafter referred to as the “Seller”), and on the other hand by any natural person of full age having the capacity to contract and meeting the definition of consumer within the meaning of the consumer law, hereinafter referred to as the “Customer” and placing an order on the Seller’s website https://www.pinet-montrivel.com (hereinafter referred to as the “Site”), watches offered there (hereinafter referred to as the “Watch(s)”).
ARTICLE 1 – PURPOSE- SCOPE
These GTC specify in particular the terms of order, payment, delivery and possible return of the Watches and are applicable, without restriction or reservation, to all sales of Watches concluded via the Site, with a view to delivery in France or Europe. For deliveries outside Europe, specific derogating conditions may apply.
These GTC may, at any time, be subject to change, it being however specified that the applicable GTC will be those in force on the date of the order by the Customer.
The validation of any order on the Site automatically entails the acceptance and application of all these GTC, to the exclusion of all others, whatever the terms and whatever the document on which they appear.
ARTICLE 2 – COMMANDS
2.1 Capacity to contract
The Customer declares on his honor to have the capacity to contract in accordance with the law and in particular articles 1145 and following of the Civil Code, not to be a minor and not to be the subject of a protective measure, in particular guardianship.
2.2 Information on Watches
The Customer can freely consult the description of the Watches and fill his basket on the Site within the limits of available stocks.
The main characteristics of the Watches (case, color, bracelet, index, hands …) are presented on our Site with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the responsibility of the Seller could not be engaged. The photographs of the products are as faithful as possible but are not contractual.
2.3 Order process
Watches can be offered for order or pre-order depending on the models and availability. The Watches on order are already available, and will be delivered in accordance with these GTC and the provisions of the order confirmation. The pre-order watches are not yet manufactured and available, they are manufactured at the customer’s request, and delivered as soon as possible.
In order to place an order, the Customer must follow the process in force on the Site.
The placing of the order assumes that the Customer fills in all the information requested (surname, first name, complete delivery address, complete billing address, telephone number, e-mail address)
The registration and processing of this data allows the identification of the Customer and the processing of his order. Consequently, the Customer undertakes to complete this form completely and in good faith and to provide only accurate information.
To select the Watch he wishes to buy, the Customer must click on the “Pre-order” / “Order” button. The Watch is then automatically added to the shopping cart and the Customer can also add other Watches.
The Customer can consult his basket at any time by clicking on the “My basket” icon, the page then automatically displays all the selected Watches, their quantity, their unit price and the total price.
The Customer can then choose his place and method of delivery. To finalize his order, the Customer must choose the terms of delivery of his order, after having read the deadlines and prices of each of the delivery methods proposed and indicated on the page.
On this same page, the Customer will have the opportunity to correct any errors before definitively validating his order, to accept these GTC and to formally express his acceptance by clicking on the “Validate the order” icon.
The Seller reserves the right to cancel an order, in particular in the event of a stock shortage, major supply difficulty or a Customer who has provided incomplete, inaccurate information or likely to create any risk for the Seller.
2.4 Order confirmation
The Seller confirms by email the receipt of the order placed by the Customer, to the email address indicated during the order process and this as soon as possible.
The confirmation email includes a summary of the order placed by the Customer including the identification of the Watches ordered, their price, their methods and indicative delivery times. The Customer must report to the Seller immediately on this occasion any errors and/or omissions contained in this order confirmation. The undisputed order confirmation within 48 hours is irrefutably presumed to be in conformity with the order.
All consequences of indicating an incorrect or false address are the sole responsibility of the Customer. The contract is concluded by sending the Customer the confirmation of the order by the Seller (if applicable) and after receipt by the Seller of the full price. The collection is carried out when the central credit card network has given its agreement to the payment.
ARTICLE 3 – PRICE
Invoices are issued in euros, at the current rate appearing on the Site (on the day of the order).
The rates are expressed in euros and include all taxes (TTC) and excluding delivery costs if applicable. They can be revised or supplemented at any time. These changes will only be applicable to subsequent orders.
The corresponding price will be the one in force at the time of the order, as accepted by the Customer by validating his order, subject to the availability of the Watches on that date.
The prices take into account the VAT rate applicable on the day of the order. Any change in the rate will be reflected in the prices of the Watches after the effective date of the new applicable rate.
In addition, if one or more taxes or contributions, including environmental taxes, were to be created or modified, up or down, this change may be reflected in the selling price of the products.
ARTICLE 4 – PAYMENT
The price is payable in cash and in full on the day of the placing of the order by the Customer, by secure electronic payment and according to the following methods:
by credit cards: Visa, MasterCard, American Express, other credit cards
by PayPal in three installments free of charge with Alma
The debit of the Customer’s credit card will occur at the time of confirmation of the payment transaction carried out by the Customer in the secure payment environment integrated into the Site by the Seller’s financial partner.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center …), the debit of the sums due by the Customer proves impossible, the purchase process on the Site will be canceled.
In case of refusal of confirmation of the order, the sum will be returned in full.
ARTICLE 5 – SHIPPING
The Watches ordered will be delivered in metropolitan France and Europe within an indicative period of five working days (for France) and ten working days (for Europe) from the dispatch of the order.
When ordering, the Customer can choose between different types of delivery:
Standard delivery by COLISSIMO: offered for metropolitan France / fifteen (15) euros for overseas and Europe;
International delivery: For orders to a country outside Europe, we invite you to contact our sales department at: email@example.com
The Seller undertakes to make its best efforts to ship and deliver the Watches ordered by the Customer within the deadlines specified on the site at the time of placing the order, and recalled in the order confirmation.
However, we draw your attention: to the delivery time indicated is added the manufacturing time in case of pre-order, and processing of the order in case of available product.
In the event of an event of an exceptional nature having the effect of slowing down or preventing the manufacture and/or delivery, the Seller will make its best efforts to inform the Customer of the status of the shipment of his package, but cannot be held responsible for any delays caused.
In any case, timely delivery can only take place if the Customer has communicated to the Seller accurate information on the recipient’s contact details and the place of delivery. The Customer must ensure its accuracy. In the event of an error, the Seller cannot be held responsible for the impossibility of delivering the goods in a timely manner. Any package returned to the Seller because of an incorrect or incomplete delivery address will be reshipped at the Customer’s expense.
The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. Otherwise, the invoice is attached to the shipment of the Watch.
ARTICLE 6 -TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Watches will be made in full payment of the price by the Customer.
ARTICLE 7 – TRANSPORTATION CLAIMS AND RECALLS
7.1 Transport-related claims
It is the Customer’s responsibility to check the apparent condition of the package and the Watches upon receipt.
In the event of a damaged product, the Customer must make a reasoned complaint, in writing to: Pinet Montrivel 19 Rue de Prague 25120 Maiche or by email to firstname.lastname@example.org within 48 hours of receipt of the Watches ordered. He must also make any reservation to the carrier (clear, precise and detailed reservations) and indicate all anomalies noted during delivery on the delivery note.
In the absence of reservations expressly issued by the Customer upon delivery, the products delivered by the Seller will be deemed to conform in quantity and quality to the order.
The Seller exchanges or reimburses at the price invoiced and paid the Watches that he wishes to withdraw or recall for any reason or whose defect is attributable to him. In this case, the Seller shall bear the related transport costs.
ARTICLE 8- COMPLIANCE AND WARRANTIES
8.1 Legal guarantees
The Customer is required to check the Watches upon receipt, in order to verify that the products correspond to his order.
The Customer must send the Seller any complaints by electronic means to email@example.com recalling the date and reference of the order within 24 hours of receipt of the Watches, to which will be attached all the useful supporting documents. Beyond this period, the products will be deemed to comply in all respects with the order and accepted in their entirety.
In accordance with the provisions of Articles L. 217-4 and following of the Consumer Code, the Customer benefits automatically and without additional payment from the legal guarantee of conformity and the legal guarantee against hidden defects.
The Seller undertakes to replace or reimburse as soon as possible and at its expense, the products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer under the conditions provided for by law and in these GTC. The Customer must then return the defective products in the condition in which they were received with all the elements, and in the original packaging or in packaging adapted to the characteristics of the product and in particular to its fragility. Any return of a product by the Customer is subject to the prior agreement of the Seller, who may obtain on request any element justifying the Customer’s claim: details, photographs…
The Customer is advised to provide proof of return if necessary. The delivery costs will be reimbursed on the basis of the invoiced rate and the appropriate return costs by the Customer will be reimbursed on presentation of supporting documents.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant or defective products.
It is recalled that the Watch is a fragile object. The legal guarantee of conformity does not of course cover misuse and use that does not comply with the instructions for use, or the lack of maintenance of the Watch.
ARTICLE 9 – RESPONSABILITY
All Watches comply with the standards applicable in France.
They come with a warranty card, instructions for use and must be used in accordance with this manual and their normal use. For more information, you can consult our page : https://pinet-montrivel.com/sav.
The Seller cannot be held liable in the event of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the product or accident.
ARTICLE 10 – INTELLECTUAL PROPERTY
The Seller remains the owner of all intellectual property rights on the Watch models. The Customer is therefore prohibited from any reproduction or exploitation of said models.
The content of the Site is the property of the company PINET MONTRIVEL (MARC GAUTHIER) and is protected by the rules relating to intellectual property. Any total or partial reproduction is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 11 – PERSONAL DATA
The information and data concerning the Customer (hereinafter the “Data”) are collected for the purposes of the sale, are essential for the processing and routing of orders, as well as the establishment of invoices, and will be kept if necessary in order to comply with the legal and regulatory provisions.
The Seller specifies that the Data is intended for its own use as well as for the proper delivery of the order.
The Seller undertakes to ensure the protection of the Data by implementing technical and organizational measures in order to prevent them from being used, disclosed, captured, damaged or violated by unauthorized third parties.
In accordance with the applicable legal and regulatory provisions on the protection of personal data, the natural persons concerned have the following rights: a right to rectification, updating, and deletion of data concerning them, subject to their necessity for the proper performance of the contract; a right to the limitation of his data, to be forgotten, to access the data concerning him, to leave instructions on the fate of the personal data post mortem, or to the portability of his data; the right to lodge a complaint with the CNIL.
The natural person concerned may exercise the rights mentioned above by contacting the Seller at the following email address: firstname.lastname@example.org.
ARTICLE 12 – RIGHT OF WITHDRAWAL
As a Consumer Customer, you have a period of 14 working days from the date of delivery of the order to withdraw and decide to return any item that does not suit you (exercise of the right of withdrawal). You can then request the refund without penalty, with the exception of the return costs which remain at your expense.
The right of withdrawal can be exercised online, in particular using the withdrawal form available on the xxx website, or be notified to us by any other written means, unambiguously.In case of exercise of the right of withdrawal within the aforementioned period, the price of the Watch(s) and the delivery costs paid at the time of the order are refunded, if applicable.
The return costs are the responsibility of the Customer. In case of exercise of your right of withdrawal, you undertake to return the Watch in its original packaging without deterioration and according to terms ensuring its perfect condition during the return.
The Watch must be returned to the Seller, at the address appearing on the invoice, within 14 days of your withdrawal, in its original packaging and in perfect condition (packaging, accessories, instructions …) allowing its re-marketing in new condition. The return must be accompanied by the purchase invoice, the warranty card and the instructions for use.
Damaged, soiled or incomplete products are not taken back.
ATTENTION: during certain periods, the Seller may offer customizations, such as engraving a first name or a word on the back of the dial. In this case, the Watch is clearly personalized: the right of withdrawal will no longer be offered to you.
ARTICLE 13 – EXCEPTION
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 14 – SETTLEMENT OF DISPUTES
These Terms and Conditions and the sales of the Watches resulting therefrom are subject to French law. In case of difficulty or dispute related to the formation, validity, performance, interpretation or termination of the contract concluded between the Seller and the Customer, the parties undertake to try to find an amicable solution.
In the absence of an amicable settlement, the competent Courts are the French Courts in application of the rules of the Code of Civil Procedure.
ARTICLE 15 – MISCELLANEOUS PROVISIONS / PRE-CONTRACTUAL INFORMATION
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a judicial decision, the other stipulations will retain their full force and scope.
The fact that the Seller does not demand the performance of an obligation or does not react in the face of a non-performance of obligation may in no case be considered a waiver or tacit acceptance.
The Customer acknowledges having had communication, prior to the immediate purchase, the placing of his order and the conclusion of the contract, in a clear and understandable way, of these terms and conditions and of all the information listed in article L.221-5 of the French Consumer Code, that is to say the essential characteristics of the Watches, the price of the Watches and related costs (delivery, for example), the date or the period within which the Seller undertakes to deliver the Watch, the information relating to the identity of the Seller, its postal coordinates, information about the legal guarantees and their implementation procedures, information relating to the right of withdrawal (existence, conditions, time limit, methods of exercise of this right and standard form of withdrawal), the costs of returning the Watches and other important contractual conditions.
ANNEX 1: ARTICLES OF THE CONSUMER CODE RELATING TO THE GUARANTEE OF CONFORMITY
The Seller delivers a good in accordance with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any noncompliance resulting from the packaging, the installation instructions or the installation where it has been charged to him by the contract or has been carried out under his responsibility.
The property complies with the contract:
1) If it is suitable for the usual intended use of a similar good and, if applicable:
– it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model;
– it has the qualities which a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Defects of conformity which occur within 24 months of the issue of the property shall be presumed to exist at the time of issuance, unless there is evidence to the contrary. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the property or the alleged lack of conformity.
The buyer is entitled to demand compliance of the property with the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not have ignored when he contracted. The same applies where the defect originates in the materials supplied by it.
In case of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost clearly disproportionate to the other method, taking into account the value of the property or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.
If repair and replacement of the property is not possible, the buyer can return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
1) If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2) Or if this solution cannot be without major inconvenience for the latter, taking into account the nature of the property and the use he seeks. However, the sale cannot be rescinded if the non-compliance is minor.
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the purchaser. The same provisions do not preclude the award of damages.
The action resulting from the failure to comply shall be prescribed by two years from the date of issue of the property.
The provisions of this Section shall not deprive the purchaser of the right to exercise the right to bring an action arising out of excessive defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature law.
The recursive action may be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
ANNEX 2: ARTICLES OF THE CIVIL CODE RELATING TO THE GUARANTEE OF HIDDEN DEFECTS
The seller is bound by the warranty because of the hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lower price, if he had known them.
The seller is not bound by apparent defects which the buyer has been able to convince himself.
He is bound by hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and getting the price back, or keeping the thing and getting part of the price back.
If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received from it, of all damages and interests towards the buyer.
If the seller was unaware of the defects of the thing, he will be bound only to the restitution of the price, and to refund to the buyer the expenses occasioned by the sale.
If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be obliged to the buyer to the restitution of the price and other compensation explained in the two preceding articles. But the accidental loss will be on behalf of the buyer.
The action resulting from the defect must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller may be discharged from apparent defects or defects of conformity.